SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Camping World RV Sales, LLC v. Ocasio
Court of Appeals of Virginia
No. 0439-24-4

Decided: May 27, 2025

Claimant’s injuries were the result of assault and battery, not horseplay

Background:

Claimant, an operations manager, was injured while walking in the Employer’s yard when a co-worker accelerated a golf cart into him. The co-worker initially testified that he intended the incident as a joke. However, Claimant testified that he feared imminent assault and attempted to escape. Claimant brought criminal charges against the co-employee and he was convicted of assault and battery. The Claimant asserted that the incident was the result of horseplay in the course of employment, which would be compensable. The Employer argued that the incident was an intentional tort of assault and battery and therefore did not arise out of the employment. The Employer argued that there was no evidence that the employment conditions increased the risk of assault or that the employment motivated the assailant to attack. The Deputy Commissioner determined that the Claimant was victim of an assault unrelated to the employment and denied the claim. On review, the full Commission reversed, giving weight to the co-worker’s testimony that his intent was jocular and concluding that the injury resulted from work related horseplay, and that the claim was compensable. The Employer appealed.

Holding:

In distinguishing between horseplay and assault and battery, the facts and circumstances of each case must be examined to evaluate the intent of both the aggressor and the victim. In this case, though the co-worker claimed he was being playful, he clearly intended to strike the Claimant. The Claimant clearly had reasonable apprehension of imminent battery as set forth by his attempts to evade being struck.

Takeaway:

The Commission will examine the facts and circumstances of each case to establish whether there was horseplay or assault and battery, so witness statements, capture of video will play an important role in defense. The fact that Claimant pursued criminal action and that the co-worker was eventually convicted of criminal action was given great weight. From an Employer’s perspective, criminal investigation and prosecution of any incidents that involve assault in the workplace between co-workers should be encouraged to avoid workers’ compensation liability.

Questions about this case can be directed to Jamie DeSisto, Esquire at 443-641-0558 or jdesisto@tthlaw.com.